for a few months ive been working back at a small firm i used to work for years ago. a couple of days ago i had done 13 hours when i got back to my yard i was then told youve got to go do the evening run. its a place we deliver to nightly. only about 45 mins from the yard but anything from a 20 mins to 3 hour wait to tip a couple of pallets. with 2 hours duty time and plenty of driving time i said to my boss if im not out of there and on way back within 20 mins youll have to send someone to drive truck back as i was in a day cab, no night gear nothing. i rang my boss with a 40 mins duty time left and said theres no way im getting back as im still not tipped. when i left the tip point i had 10 mins left i rang my boss who said youll have to ring the operations manager. i parked in a layby rang my op manager and went to answer phone to explain situation.
1 hour went passed so id been out of my house 16 hours in a day cab, middle of no where and nothing back. i rang my op manager again went to answer phone ANOTHER HOUR had passed i again rang my ops manager went to answer phone. Half hour had passed i had no food, drink no night gear. i had mates who said that theycome to get me and drive truck back for me but i didnt want them getting nicked for no insurance. so i rang the transport planner and said "youve given me no choice but to drive back 40 mins illegally.i warned you i only had 2 hours duty time left, i resign from the job".
in my working life this is the first time ive left a job like this so with my card still in i know i was risking it but ive got a disabled wife at home and being out for 18 and half hours already i wanted to get home.
NOW if i was in a sleeper cab and was expected to stay out then it wouldnt have been a problem i.e fresh chantge of clothes, wouldve parked somewhere with a shower etc.
I got through my front door at midnight , i started work at 6am.
next day ops manager rang me to say " i take it youre handing in your notice then?" i said " after the way you treated me what do you think?"they invited me in for a chat and said i could take as long as i like to think about it. theyve admitted they was in the wrong and said if i didnt come back them there was always a job for me there.
in the meantime i`ve phoned one of my past employers and the md is coming round to my house for a cupppa and a chat as i left the company on good terms so i am lucky in that sense. however a few people have said to me take the last firm to court for breech of contract
-Failure to properly support an employee during difficult working conditions
ive looked at a few solicitors that deal with employment issues and they shouldve made sure they got me back to the yard or to a hotel
i have full copys of my run sheet and defect sheet for that ay also
should i just let it rest and get on with getting my old job back or should i contact the solicitors to get a case together?
You can’t legally take your 9/11 hours off in a truck which doesn’t have a bunk. However, what are you proposing to take them to court for? You don’t appear to have suffered any financial loss and you haven’t worked there long enough to have employment protection. So long as they pay you for work you have done and given you a proper notice period then there isn’t any breach of contract as far as I can see.
Did you get paid for the full 18 hours or whatever it ended up being? If they did pay then they are condoning what you did. I think the truck would have stayed in the layby and a cab home/return in morning and get one nights subsistance plus cab fares. After exceeding your duty hours they could not legally have come to take you off as you still had to return to base by car or whatever. This would have counted as other work so had to be within hours. You don’t say how long you had worked for this outfit but if it was a substantial period you could possibly go for constructive dismissal but I think you would be on thin ice as it were as you have knowingly broken the drivers’ hours regulations.
My opion FWIW!
There were one of two realistic options available.Either go home and tell them to find someone else to do the later job or ask when you got to the place how long it was going to be to get turned round.If the answer was too long then just go back to the yard and tell them tough.It would have saved a wasted trip to the solicitors and a lot of aggro now after trying to do mission impossible and failing.
I don’t see that you have any grounds for taking them to court. As I see it, you complied with their reasonable request to do another run and they dropped the ball on getting you back. Rather than leaving under a cloud just explain that an unplanned night out at short notice left you in the lurch with domestic affairs and you were unhappy with how they handled it especially as you had been happy to do the run knowing the risk of running out of time. Hypothetical question, what would you do if a breakdown left you stuck out for the night away from home?
starfighter:
I don’t see that you have any grounds for taking them to court. As I see it, you complied with their reasonable request to do another run and they dropped the ball on getting you back. Rather than leaving under a cloud just explain that an unplanned night out at short notice left you in the lurch with domestic affairs and you were unhappy with how they handled it especially as you had been happy to do the run knowing the risk of running out of time. Hypothetical question, what would you do if a breakdown left you stuck out for the night away from home?
It is not a reasonable request if the turnaround time at a customer is well known! And under the circumstances of the OP! I would have refused to tip under the situation described by the OP!
Constuctive dismissal. Because of their actions or some mite say none actions, you were forced to break the law, which could bring you a fine or possible court action!
So because your a law abiding and professional driver there is no way you could continue your job under them circumstances, and so you were forced to resign your position.
Try that one with your solicitor mate, worth a try.
wouldnt bother i would guess even at best they would say sorry in court offer you your job back and that would be it!
personally i wouldnt have even left the yard, if i had i would have left with 50 mins to get back to base tipped or not, other options could you not have left the trailer only to be tipped?
think court would just be a waste of money and time
roadhog69:
Did you get paid for the full 18 hours or whatever it ended up being? If they did pay then they are condoning what you did. I think the truck would have stayed in the layby and a cab home/return in morning and get one nights subsistance plus cab fares. After exceeding your duty hours they could not legally have come to take you off as you still had to return to base by car or whatever. This would have counted as other work so had to be within hours. You don’t say how long you had worked for this outfit but if it was a substantial period you could possibly go for constructive dismissal but I think you would be on thin ice as it were as you have knowingly broken the drivers’ hours regulations.
My opion FWIW!
Wrong on that one fella! An emploment tribunal wouldn’t be concerned with that issue as his most likely grounds for going to Tribunal would be constructive dismissal because he was put in that position. Whether he can go to Tribunal probably depends on length of employment.
i would not of sat around phoning tom ■■■■ and harry, i would of driven back to yard ok over running my 15 by 30 mins either done a print out or written an explaination on the back of my card,
“delayed at tip unable to contact office returned to base with day cab over ran 15 hr spread by 30 mins”
and if you got stopped vosa wouldn’t bat an eyelid as you have given an explaination why you went over, and not tried to hide anything. done it myself and never had a problem
wildfire:
i would not of sat around phoning tom ■■■■ and harry, i would of driven back to yard ok over running my 15 by 30 mins either done a print out or written an explaination on the back of my card,
“delayed at tip unable to contact office returned to base with day cab over ran 15 hr spread by 30 mins”
and if you got stopped vosa wouldn’t bat an eyelid as you have given an explaination why you went over, and not tried to hide anything. done it myself and never had a problem
And having suffered it once it’s likely they’d do it again only now you’ve weakened your own position by doing it previously. You’re opinion as to how Vosa would react is questionable to say the least…
I would have dropped trailer on customers loading bank and bobtailed back. When customer rang to tell transport manager to move trailer it would have be done promptly by another driver. Works every time.
i know i was risking it but i`ve got a disabled wife at home and being out for 18 and half hours already i wanted to get home.
But if you had got a sleeper cab it wouldn’t have been a problem
ive looked at a few solicitors that deal with employment issues and they shouldve made sure they got me back to the yard or to a hotel
And you wouldn’t have minded staying in an Hotel
You should have refused to do the job at 13 hours where the TM could have swapped things, because even using another driver wouldn’t have helped you as you would have to sleep on the grass verge, you cannot be picked up or driven home in those circumstances.
You already knew it was a 90 minute drive on top of your 13 hours before you left, if VOSA come calling it will be you who needs the solicitor.
